According to the "Decision of the State Council on the Third Batch of Cancellation and Adjustment of Administrative Examination and Approval Items" (Guo Fa [2004] No. 16), the State Council ministries, directly affiliated institutions and some authorized enterprises (hereinafter referred to as the relevant departments of the State Council) approved the establishment of foreign investment below the quota. The filing and certification authority of enterprises (including contracts and articles of association) shall be delegated to the commercial administration departments of the autonomous regions, municipalities directly under the Central Government and cities with separate plans (hereinafter referred to as provincial-level commerce authorities). In order to effectively carry out relevant implementation work, and to link up with the examination and approval work of existing foreign-invested enterprises, the relevant issues on the decentralization of foreign-invested enterprises' filing and approval of certificate issuance management and further simplification of the examination and approval procedures are as follows:
1. According to the authorization of the State Council, in the future, if the relevant departments of the State Council approve the establishment of a foreign-invested enterprise or change, the enterprise approval documents (including the contract, articles of association and other application materials) shall be filed with the provincial-level commerce department where the enterprise is located, and the provincial-level people's government shall issue foreign investment. The enterprise approval certificate; in the future, the newly established foreign investment projects approved by the relevant departments of the State Council shall be submitted to the provincial people's government where the enterprise is located and the approval certificate issued. All the changes and certificates issued by the relevant departments of the State Council that have been approved by the relevant departments of the State Council before the issuance of this announcement shall be reported to the provincial-level commerce authorities at the place where the enterprise is located and approved.
Foreign investment projects approved by the Ministry of Commerce for the decision of the investment system reform of the State Council shall be reported to the Ministry of Commerce for approval; where laws and regulations have special provisions for the approval of the establishment of foreign-invested enterprises, such provisions shall be followed.
2. When the local competent commercial authority handles the above-mentioned filing, issuance of certificates, alterations or renewals, foreign investment statistics shall be made for new establishments, capital increase or capital reduction projects in accordance with the relevant provisions of foreign investment statistics, for other types of filing, alteration or The renewal of the foreign-invested enterprise approval certificate shall not be included in the local foreign investment statistics.
Third, the competent commercial authorities at all levels should further simplify the examination and approval procedures to facilitate foreign-invested enterprises. For non-substantial changes to the contract and articles of association of a foreign-invested enterprise, such as the change of the name of a foreign-invested enterprise, the change of the name of the investor, and the change of the legal address of the enterprise, the enterprise may directly file the relevant documents with the original examination and approval department and change the approval certificate. .
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
1. According to the authorization of the State Council, in the future, if the relevant departments of the State Council approve the establishment of a foreign-invested enterprise or change, the enterprise approval documents (including the contract, articles of association and other application materials) shall be filed with the provincial-level commerce department where the enterprise is located, and the provincial-level people's government shall issue foreign investment. The enterprise approval certificate; in the future, the newly established foreign investment projects approved by the relevant departments of the State Council shall be submitted to the provincial people's government where the enterprise is located and the approval certificate issued. All the changes and certificates issued by the relevant departments of the State Council that have been approved by the relevant departments of the State Council before the issuance of this announcement shall be reported to the provincial-level commerce authorities at the place where the enterprise is located and approved.
Foreign investment projects approved by the Ministry of Commerce for the decision of the investment system reform of the State Council shall be reported to the Ministry of Commerce for approval; where laws and regulations have special provisions for the approval of the establishment of foreign-invested enterprises, such provisions shall be followed.
2. When the local competent commercial authority handles the above-mentioned filing, issuance of certificates, alterations or renewals, foreign investment statistics shall be made for new establishments, capital increase or capital reduction projects in accordance with the relevant provisions of foreign investment statistics, for other types of filing, alteration or The renewal of the foreign-invested enterprise approval certificate shall not be included in the local foreign investment statistics.
Third, the competent commercial authorities at all levels should further simplify the examination and approval procedures to facilitate foreign-invested enterprises. For non-substantial changes to the contract and articles of association of a foreign-invested enterprise, such as the change of the name of a foreign-invested enterprise, the change of the name of the investor, and the change of the legal address of the enterprise, the enterprise may directly file the relevant documents with the original examination and approval department and change the approval certificate. .
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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